Ariz. Admin. Code § 9-15-110

Current through Register Vol. 30, No. 50, December 13, 2024

Section R9-15-110 - Waiver of Liquidated Damages

A. The Department shall waive liquidated damages owed under A.R.S. Title 36, Chapter 21 or this Chapter if the awardee is unable to complete the terms of the loan repayment contract due to the awardee's death.

B. The Department may waive liquidated damages owed under A.R.S. Title 36, Chapter 21, or this Chapter if the awardee is unable to complete the terms of the loan repayment contract because:

1. The awardee suffers from a physical or behavioral health condition, resulting in the awardee's temporary or permanent inability to perform the services required by the loan repayment contract; or

2. An individual in the awardee's immediate family has a chronic or terminal illness.

C. To request a waiver of liquidated damages, an awardee shall submit a written request to the Department containing:

1. The following information in a Department-provided format:

a. The awardee's name, home address, telephone number, and e-mail address;

b. For each service site where the awardee provided services:

i. Name and street address for the service site; and

ii. The name, title, e-mail address, and telephone number of a contact individual authorized to act on behalf of the service site;

c. A statement describing why the awardee cannot complete the loan repayment contract, including, if applicable, a description of the awardee's physical or behavioral health condition or the chronic or terminal illness of the awardee's immediate family member;

d. Whether the awardee agrees to allow the Department to submit supplemental requests for additional information or documentation in R9-15-205 or R9-15-305, as applicable;

e. A statement that the information and documentation included in the request for waiver is true and accurate; and

f. The awardee's signature and date of signature; and

2. Documentation verifying the awardee's physical or behavioral health condition or the chronic or terminal illness of the awardee's immediate family member.

D. Upon receiving a request for waiver, the Department may contact the individual specified according to subsection (C)(1)(b)(ii) to verify the information in the request for waiver and to obtain any additional information regarding the request for waiver.

E. In determining whether to waive liquidated damages, the Department shall consider:

1. The physical or behavioral health condition of the awardee or the chronic or terminal illness of the awardee's immediate family member; and

2. Whether the documentation demonstrates that the awardee is permanently unable or temporarily unable to provide services during or beyond the expiration date of the loan repayment contract.

F. For a request submitted according to subsection (C), the Department shall notify an awardee of the Department's approval or disapproval according to R9-15-205 or R9-15-305, as applicable.

Ariz. Admin. Code § R9-15-110

Adopted effective November 16, 1983 (Supp. 83-6). Repealed under an exemption from A.R.S. Title 41, Chapter 6, pursuant to Laws 1992, Ch. 301, §61 effective October 1, 1992, filed October 14, 1992 (Supp. 92-4). Adopted by emergency rulemaking at 28 A.A.R. 3684, effective 11/15/2022. Amended by emergency rulemaking at 29 A.A.R. 1274, effective 5/14/2023. New Section made by final rulemaking at 29 A.A.R. 3837, effective 12/6/2023.